The Environmental Regulation Division
The Environmental Regulation Division in the Department of Environment, Parks and Water Security supports a range of environmental decision-makers in the Northern Territory, including the NT EPA. We also support the Minister for Environment, the Chief Executive of the Department, and the Controller of Water Resources.
To build a culture of compliance in the regulated community —where individuals, business and industry take responsibility for ensuring that their activities do not cause unlawful environmental impacts—the Division sometimes needs to take enforcement action. Enforcement action provides a strong deterrent to non-compliance.
Read our Approved Compliance and Enforcement Policy PDF (871.3 KB) for information on our regulatory approach. We abide by the following best practice principles:
| Targeted | We allocate effort and resources to the areas with the potential for most serious harm. |
|---|---|
| Proportionate | Our compliance and enforcement activities are proportionate to the seriousness of the conduct and the resulting or potential harm. |
| Transparent | Information about the Division’s activities is shared and enforcement actions are made public. |
| Consistent | Similar circumstances lead to similar enforcement approaches, where appropriate. |
| Accountable | Activities and decisions are explained and avenues of complaint or review are available and accessible. |
| Fair | Actions and decisions are impartial, based on available evidence, intelligence and the strategic objectives of the Division. The Division provides support, advice and guidance to assist compliance, where appropriate. |
| Authoritative | We maintain a trusted understanding of the environment and the level of compliance. We draw on expertise and data from across the Department to inform evidence-based decisions. |
| Responsive | Compliance and enforcement activities are done as efficiently as possible to avoid delays and uncertainty and to maximise the effectiveness of the activities. |
Compliance and enforcement tools and Enforcement Guideline
There are a range of compliance and enforcement tools available to the environmental regulator in the Waste Management and Pollution Control Act 1998:
- penalty infringement notices
- environment protection approvals
- environment protection licences
- compliance plans
- pollution abatement notices
- incidents reported in accordance with section 14 of the Act (Section 14 Incident Report(s))
- environmental audits
- performance agreements
The most appropriate compliance and enforcement tool to use will always depend on the circumstances.
The Division will consider the likelihood of the risk occurring, the potential environmental harm, and the offender’s attitude to compliance when considering the most appropriate compliance and enforcement tool.
The Compliance pyramid diagram below shows the proportionate use of compliance and enforcement tools in our toolkit and the ability to escalate intervention to achieve the desired outcome.
The Division’s enforcement guideline PDF (903.9 KB) contains greater detail about our compliance and enforcement tools under many environmental laws.
Our compliance priorities
Commencing in 2023, the Division will publish an annual compliance plan to provide transparency on where the regulator will focus its efforts to protect the community and the environment. The priorities have been determined using a range of data and information, including community complaints made through the Pollution Hotline, detected non-compliances and monitoring information. It recognises issues that are important to the community and provides guidance to the regulated community about our expectations. The plan provides assurance that the regulator is focussing on the environmental risks that can cause the greatest harm.
While we always prioritise matters in the plan, we retain capacity and have discretion to pursue other matters, always in line with our Compliance and Enforcement Policy.
Read Environmental Regulation Division - Compliance Plan 2023-2024 PDF (198.0 KB)